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she spent more than a week on the stand, with kid gloves and her own attorneys and now the tone is different. >> you could have left that situation alone, but you decide today confront him anyway, right. >> that's correct. >> and the reason that you did it is because you were jealous, right? >> no. >> and then you did talk to him about this issue, correct? >> yes. >> and he got upset with you, right? >> no. >> he didn't get upset and scream and run upstairs, isn't that what you told us yes. >> yes, he did. >> jodi arias testifying in her own defense, it's really a remarkable case avoid becoming the fourth woman on death row in arizona. >> and this seems more comfortable than the hot seat, right, jon? can be a long day. >> i don't particularly like these chairs, but rather be in this one. >> keith, we'll fix that for jon tomorrow, right? time's up. all right. thanks for joining us, everybody.

"america live" starts right now. >> megyn: fox news alert, bombshell developments in the the hearing for an olympic star. what first seemed like a strong case of premeditated murder against oscar pistorius may now be in serious trouble as police replace the lead investigator. we talked about him and his problems on this show yesterday. accusing him of attempted murder. welcome to "america live" everyone, i'm megyn kelly. it's unbelievable, we were talking about dr. baden, made so many mistake and problematic on the witness stand. what's the deal with this lead investigator. 3 a.m., an alert that the guy himself a charged with premeditated murder. they call this guy the blade runner and his legs were amputated as a baby and he runs on these blades. and he's become one of the most he be rec recognizable people on the planet as prosecutor accuse him of

shooting and intentionally killing his girlfriend. a beautiful model, a good person, a law student. in the last 48 hours the prosecutor's case faced serious challenges and now we could see oscar pistorius walk out on bond on a pre-meditated murder charge as soon as tomorrow. greg palkot is live in pretoria, south africa. >> reporter: you're right this case is stranger and stranger by the day. we were here for the bail hearing and we spoke with that now former lead investigator. we asked him, what he thought of this performance yesterday? he replied, so-so. that's an understatement and then we asked about those attempted murder charges. he alleged shot a mini-van in a crime investigation 2011 he told me he thought the charges were dropped. later in the day the police named a replacement.

what at the described as a top detective and a national priority to the case, but perhaps the damage has already been done. in the courtroom today we had a clear view of pistorius, we watched him. his head was down nearly the entire time and at least at one point he was silently crying and wiping tears away and his head shaking. then as his defense team summed up against their case they tore apart the evidence by the government and arguing for their clients innocence in the shooting death. and friday, the prosecution has to sum up tomorrow morning local time and the judge has to decide maybe as early as tomorrow and yet, there is a thinking here that pistorius could be released on bail. and maybe even more significantly, that that premeditated murder charge will not stick. that even a straight murder charge will not hold, that possibly a reduced homicide charge might be involved. and as you know, now we're months away from the real

trial. we've only just begun. back to you. >> megyn: greg, how is it, can you explain, that the lead investigator on in case, there were so many mistakes that we talked about he made yesterday on the witness stand and we'll get into it more later in the hour, but how is it that the prosecution had a lead investigator on its case who was weeks ago, not like it happened just last night, discovered he was perhaps guilty of attempted murder, he was charged with those potential charges weeks ago. how does he get assigned and become the lead detective on an alleged murder case? >> megyn, a very good question, megyn. according to officials here, they say they overlooked this, there was not a matter of their consideration when they decided this individual would be the lead investigator. there are some here who say, megyn, in fact, these charges all of a sudden resurfaced because the government was so

unhappy with the performance of this lead investigator. so, all of a sudden, they found a good excuse to get him out of the picture and bring somebody new in. but, yes, his performance was roundly criticized and basically folks here saying he was allowed to do too much and led to say too much. you and your greenspauests know law and went out on a limb and a lot of of people here just a couple of days ago premeditated murder, bail not allowed. and all of a sudden, a whole different ball game. >> megyn: greg palkot. you have to wonder, folks what the position of this prosecutor is now. who put this man on the stand and is he compromised? i mean, if the lead detective is facing himself potential jail time shall potential attempted murder charges does he fairly investigate another man accused of murder? what a situation. we're not done with this yet. the bottom of the hour when we bring in a former lead

detective and ask how so much could go so long so quickly and whether this guy is now likely to get off on a charge that just 48 hours ago looks to be dropped? new developments in the troubling trend for americans and the nation's economy. gas prices shooting up nearly 50 cents in 60 days, taking a huge bite out of americans who are already earning less because of the payroll tax we got hit with the beginning of the year. according to the triple-a, the national average for a gallon of gasoline is now, 3.78. so when your car has a 20 gallon tank it will cost you more than 75 bucks every time you fill up. you don't need me to tell you that because you're experiencing it it and also means you're now paying $10 more per fill up than a month ago. the combination of soaring gas prices and higher taxes are not only threatening the larger economy, but the

current administration as well. chris stirewalt our digital editor and host of power play live. and interesting to read your power play on foxnews.com because you talked about how this is the exact position that the republicans, who wound up getting creamed in that 2006 mid term he election, found themselves in when gas prices were soaring under president bush and wow, did the democrats make a political issue of that. >> oh, they brutalized the republicans very effectively. that was the whole-- the central argument, the thing that held everything together for democrats in their attack on the bush era the gas prices, you invaded iraq and gas prices went up and you did anything, the economic policies and gas prices went up and hit it over and over and over again and hit it for a year and even inflation adjusted. nowhere near where it was, where it is now. and eight years ago. not even close.

and republicans will probably figure out a pretty effective way to use this against democrats, especially with the president pushing global warming stuff. there's -- that makes it a little too easy. >> megyn: well, we've had the president repeatedly sounding that alarm at tinaugural address and state of of the, you know, address and there's a question whether, how well that plays when we see the prices soaring at the pump, but so far he hasn't shown any inclination to dial that back. could there be a political price he or the democrats pay in the mid term for that agenda? >> the magic moment whenever it occurs in the obama second term when he becomes a lame duck will occur when his party breaks with him on something significant. the bold obama 2.0 only as long as they're willing to indulge him. this as gas prices are high. and the shrinking, shrinking, disposable income for the middle class the president says he's helping and global

warming could be where his party threw up their hands, you claimed us when you made us walk the plank in 2009. we're not doing it again. >> megyn: i refer to your power play write-up quoting chuck schumer in 2006 saying the high gas prices then are a metaphor for an economy keeps biting people despite overall good numbers. even though we talk about things like the stock market, which is doing great. and some other items, you feel gas prices in a way you don't feel-- you feel the increases at the grocery store and gas prices and definitely feel a hit in your paycheck and a lot of americans are right now. >> that's right, if you're $40 a week poorer because of the payroll tax holiday and if you're $10 a week poorer because of filling your mini-van goes up. and you do not agree with the president when he says a recovery has begun and now we can afford to have energy costs go up in order to deal

with man made global warming. >> megyn: how much does it come back to bite the president? because the press coverage of what was happening under president bush when they believed that he had started the war in iraq in the name of oil and so on. i mean, they were all over him back then for the high gas prices. not quite so much this time around. >> no, absolutely not. and it's different. it's always harder for republicans to gin up outrage because the media, and we're watching this play out in the squeezester debate -- the media is more inclined to listen certainly to the president and certainly to a democratic president, in a reelected one at that. and so it's going to be harder for them to do it, but it's something that they can do in the media that they buy when he they put ads up in their talking points and what they say. this is in house races, senate races and it isn't directly about the president, it's about denying him majority in the second half of his second term to do the things that he wants. and that's how republicans use

gas prices and they use it against the obama democrats in the mid term election. >> megyn: we'll see how it goes. the prices shot up and then mellowed out and where it goes from here. chris, thanks so much. >> you bet. >> megyn: a top congressman just gave nasa 30 days to report on what the agency is doing to protect the united states from meteors like the one that injured a thousand people when it exploded over a remote part of russia last week. they were caught by surprise. how did that happen and how can we prevent it from happening here? up next, the new details that makes all of these questions even scarier than you think. and a horrifying discovery for hotel guests in california. oh, this is bad. oh, it's not good. they found out the water being used for bathing and drinking in their hotel rooms was very unwelcome ingredients. we're going to leave it at that for now. bring you the story in a bit. the growing debate over whether president obama is

campaigning against himself as he tells local news outlets the best way to avoid budget cuts that the white house designed and he signed into law. >> the man who literally wrote the book about the budget battle put this to rest, whose idea was the sequester and did you ever think that we'd actually get to this point? >> first, it was the white house. it was obama and jack plouffe and rod who went to the tktic leaders harry reid and this is the solution, but everyone has their fingerprints on this.

>> we're getting video of the exact moment a kansas city restaurant exploded. missouri investigators releasing this surveillances footage. jj's restaurant was completely

destroyed in a ball of fire and an employee killed in the blast felt up to a mile away and 15 injured and as many as six remain hospitalized. aerial views after the beloved restaurant was reduced to rubble. investigators say construction crews struck a natural gas line triggering the explosion. serious new questions for nasa after the agency failed to protect a massive explosion of a different type. the cosmic kind. here is video of the meteor that blew up with the force they say of 30 atomic bombs, injuring a thousand people and now a top republican is demanding to know why nasa never saw it coming and asking whether our space agency would be able to protect america if a meteor were headed here. and joining me an associate professor of physics at purdue science. and this is a good question,

one that our viewers wanted it an answer to last woke when we saw what happened to russia. which is why didn't we see it coming? >> thanks for having me, megyn. the main issue here is that these things are incredibly faint. in fact, if you're to compare it with asteroids in the brightest star in the sky, a trillion times bigger than a star 12 hours before it approached, so, it's really a question of contrast and this particular asteroid, even if we did see it, it would be as faint as some of the faintest objec objects. >> megyn: it starts off as an asteroid and enters the earth's atmosphere, it becomes a meteor, a pedestrian way of explaining it so just so people don't get confused. there was a different asteroid at that came close to earth the same day and the meteor hit russia all last friday, but, okay, it's hard to see and i know, you told our

producers that this would have been like trying to find a lit candle which would be hard. it's months away. it's nasa, so, is there? >> well, at the moment, it's kind of the edge of technology and even if you could see it, there's actually quite a few of these things floating around. i mean, our solar system contains millions of these asteroids. a near miss, there's probably at least 5 million or so and the number of asteroids go up as you get smaller and smaller, so i think there's a billion of the tip we think hit russia. and the problem with the russian one came from the direction of the sun. even if we had the most that we could find, you'd have the problem it's coming at you is this glare from the sun that's the problem, unfortunate coincidence. >> megyn: the people in russia were relatively lucky. and the injuries from glass not that people got hit by the

rock. what is the thing, people worry, what if it hit a major city in the united states or elsewhere without any warning, the kind of damage that we could suffer would be devastating. >> yeah, i mean, if you look at the history of meteorites getting hit. a woman got hit in the arm. but the reflection of the fact that the earth's surface is relatively underpopulated and so, most of these asteroids that, like the one in russia, hit in an ocean somewhere. >> megyn: so you like our odds, but, you know, let me ask you this. i hear that you like our odds, but when i use today practice law we use today say i don't get paid to look at that situation and say, that will never happen. i get paid and say it's going to happen and how do i prevent it. that's what you, geniuses in

physics get paid to do. is there a way. people in america sitting here, hearing about the billions of particles out there and the relatively undeveloped ability to protect them beforehand, is there anything people are working on? is there something outside of nasa? >> well, i think the major program right now is nasa's program and what they're concentrating on, what they call the earth killer asteroids that are sort of two-thirds after mile in diameter. >> the earth killer asteroids. >> yes, it doesn't matter where those hit. they're going to call a catastrophe. if it hit the ocean, a gigantic tsunami, if it hit the earth continent, a huge dust cloud that would plunge the earth into nuclear winter. and nasa has the goal to detect almost all of those ones that are earth killers within the next ten years or 20 years and they've made incredible progress on that front. back in-- prior to 1990 when the program started we knew we were left

with only a hundred of these things. and now we know several thousand, 10,000 of them, are able to track those orbits. so now we can say that there's likely no chance of any gigantic asteroid hitting the earth in the next few decades. >> megyn: okay. >> there's some progress. >> megyn: progress, right. >> it's hard to see with the difficulty. >> megyn: last question before i let you go. the united nations called for the formation of an international network to monitor the threat posed by asteroids and other near earth objects. do you believe that this should be a united nations effort? >> well, it certainly helps to have international cooperation because then you can put telescopes all around the earth and different longitudes so they're not affected, say by clouds. you can do 24 hours, now, nighttime here and daytime in china, so, if you have the international cooperation and the network you can cover a lot more of the sky and we can find more of these asteroids faster. >> megyn: yeah, on this issue

we all had equal motivation to live. professor, thank you. great to see you. >> you're welcome. >> megyn: matthew lister, all the best. well, do you feel better? not really. coming up, a local news anchor here in new york becomes the story after police charge him with choking and threatening to kill his wife. but now he claims that he is the victim. we'll take a look at the evidence and the case against him in kelly's court. plus, new concerns for some u.s. inmates are getting more than just food and lodging from the american taxpayer. take a look the at the troubling trend of inmates collecting unemployment from behind prison walls. and look closely, that's a boy dangling from a ski lift and wait until you see what happens next. [ loud party sounds ]

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>> job numbers from the u.s. labor program shows hiring remains too week to make any significant debt. the number of americans filing for first time jobless benefits, after data seasonal factors, 362,000 more americans have joined the unemployment lines. when we consider the numbers over a four-week average. we find that the number of americans filing for jobless benefits has risen by 8,000, the biggest increase we've seen in six weeks. well, add to those numbers this report as we find out where millions of dollars of unemployment checks are going. and much of it straight to convicted criminals sitting behind bars. and an apparent massive oversight allowing thousands of prisoners to illegally collect jobless benefits while they sit in jail. joining me now, fox business network's liz macdonald.

>> this is quite a trend. the overallstate and jobless benefit program, more than 520 billion dollars over a five year period reisn'tly, but we're seeing a trend of prisoners getting jobless benefits in states like pennsylvania, arizona, news now coming out that texas prisoners are getting jobless benefits as well, the state of pennsylvania saying nearly 1200 prisoners there got jobless benefits, about 340 bucks a wooeek, costing 18 million dollars. and others are getting jobless benefits they should not be getting. mississippi, south dakota, also arizona, again, pennsylvania and new mexico. what's happening in these states, also, south carolina, is deceased people are getting jobless benefits, children are getting jobless benefits. people out state are getting jobless benefits. so what's the problem with prisoners getting jobless benefits is that the state is not cross checking the social security numbers of the prisoners with the jobless

benefits program. and there's another real problem, too, and this is a serious one, which is greasing the wheels of the fraud. the states are basically zooming, the jobless benefits checks into direct deposit, meaning right into the accounts of the individuals so friends and relatives of the prisoners are calling up pretending to be the prisoners when they're not and the money zoomed right in. you would think if the government is doing that, zooming the money right out the door so quickly via direct deposit they should be more rapidly cross checking the social security numbers to see if these individuals even deserve the jobless benefits. >> megyn: that may be the only time that the government zooms money to anybody, are they going to zoom your tax refund? i don't think so, you've got to go to prison to get your money. and there's an idea why president obama is campaigning against a series of automatic budget cuts that the white house designed and he signed into law and then when

republicanings tried to change them last year, he said i'll veto it if you do. we'll show you why that matters next. the top investigator is removed from a murder case, that's getting global attention. you cannot make this stuff up. we'll take a look at whether the prosecution's case against oscar pistorius is crumbling before our eyes. and horrifying guests in california and they make a stomach chunk find in the tank for folks bathing and drinking water. >> a cistern on the top floor of the location where only workers should be, that all played into it being proficient. designed for men's health concerns as we age. it has 7 antioxidants to support cell health.

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>> conditions going downhill rapidly across parts of the nation's mid section this hour. and following a massive storm 20 states from arizona to illinois. about 60 million folks, 20% of the u.s. population under winter weather warnings and watches and advisories at this hour. kansas and missouri buried with areas getting more than a foot of snow and the governor of missouri declare a state of emergency and wichita, a century's old record with half a foot of snow. and janice dean has the areas that are about to get hit

hardest and when next hour. well, new fallout in the budget showdown as president obama campaigns against his very own budget idea that the white house proposed and he signed into law. in interviews with local tv stations, the president railed against congress warning against the impact's automatic budget cuts will have on this country if congress does not head them off by this week. >> this is a problem that congress can solve. and the automatic cuts put back into place in 2011 were designed to get congress to actually avoid them by coming together with more sensible approaches to deficit reduction. >> megyn: you remember, this is a plan the president and his team came up with. and then back in 2011, actually the congress did submit to him, the republicans submitted a different plan to try to avoid the sequester and the president has a very different message in the wake of that. >> already some in congress are trying to undo these

automatic spending cuts. my message to them is simple. no, i will veto any effort to get rid of those automatic spending cuts, domestic and defense spending. there will be no easy off ramps on this one. >> megyn: joining me now simon rosenburg and also a former campaign advisor to president clinton. and marc thiessen, a former speech writer for george w. bush. >> megyn: so your take on those two varying messages, marc? >> it's very simple. the president proposed these cuts and signed them into law and came up with them and did it by the way for political reasons not economic reasons. and to create something that congress would avoid. he did it because he didn't want another debt limit strike, and now all of a sudden the fiscal armageddon is doing. if the cuts are so bad.

what is the president doing about it, has he proposed any cuts the way that the republicans did. make them more targeted, met with john boehner? no, he's going on and helping campaign events with first responders and talking to local tv anchors who won't ask tough questions like wasn't this your idea, mr. president? so, he is campaigning, rather nan leading and he should be governing, not going out there trying to blame the republicans for his own creation. >> megyn: you know, simon, to hear the president tell it you would think he has nothing to do with the sequester. >> i don't think that's true, megyn. everybody is for it. everybody in the house and senate, and conceded to the negotiation in 2011. this is something that was willfully created by everybody at the table and agreed to it. >> megyn: it was the white house's idea. >> so what? it was his idea, but every single republican in the house and senate voted for it. >> megyn: no, i agree, and both--

i'll let you finish your thought. but here, let me just clarify the question i was trying it pose to you. there's no question that both parties are to blame for the sequester if you consider is blame worthy, but when the president comes out here and says these people are going to get laid off look at the poor first responders, they're going to go. blah, blah, it was his idea. he signed it into law and to hear it now, those evil republicans they did all of it, it was his brainchild. >> i think circumstances have changed and i think it was the president, what mark said is not true. the president's proposed an alternative both the senate and house, democratic leadership proposed alternatives to forego sequest sequester. clearly those that want to get to done and the abstraction of cutting the budget is real and tangible. if we cut the budget, there's going to be real pain for americans. going to be people who hold the government jobs and benefits cut and part of what's going to happen next week on march 1st if this goes

forward is senior citizens are going to have medicare cuts and have less good health care because of this. so, i think we're going from the abstraction of cuts and now to the reality and one of the reasons this is hard to cut the budget is not because democrats want to spend, spend, spend, but because this is going to involve real pain for americans every time you cut the budget and something that makes this difficult and for the republicans and also, i think, they're going forward in the fiscal negotiations. >> megyn: marc, i know you weren't quite rolling your eyes, but-- i want to say that this is how chris stirewalt described the budget cuts that they're arguing over in the power play, they are in fact automatic decreases to the automatic increases that are already on the books in federal funding, so we're going to have an increase in federal funding, how much of an increase and what they're arguing over right now. go ahead, marc. >> what simon said is untrue. what the democrats want, their solution is not to have

overall spending cuts, but their solution is to raise taxes again. we had a 600 billion dollar tax increase with no spending cuts. now that we have automatic spending cuts, obama wants to replace with more tax increases, where is the the balanced approach? the sequester is the spending cuts and the reality, megyn, as you pointed out. even if the sequester happens, if we can't find 85 billion dollars out of 3.5 trillion dollar budget. we've got a problem. the problem isn't the amount it's the way the cuts are being done. the simple solutio, republicansd tell obama to do it the way he sees fit. if he wants to cut first responder rather than the green program. you can cut where you want, when you want, but it's not a question of if, but it's when and where. >> megyn: that's interesting. what do you make of that idea simon? >> it's grossly irresponsible

and ridiculous frankly. (laughter) for the republicans, mitt romney did not offer a single cut in that last 2012 other than cutting npr-- >> and paul ryan, that was the republican nominee in 2012, didn't offer a single cut. republicans are unwilling to deal with real cuts-- >> let him finish. >> you know, paul ryan's mythical budget had all sorts of target without real cuts in them and i think the point is that the idea that we're going to-- the house republicans and first of all, the senate is never going to agree with what mark just laid out. the idea that the republicans say, fine, figure out how to do the cuts. we don't want to be involved in the cuts themselves, right? because the cuts coming next week, and i think at the end of the day, going to blink. >> no, it's not. >> the republicans are-- 76% of the pew poll today. 76% of voters say they agree with the president's strategy on the deficit.

19% agree with the republicans, they are getting killed in the public debate with the president. the president approval rating has never been higher in the polls that come out this week, they're losing and the point to conclude, megyn, i think that the republicans would be smart to find common ground with the president before march 1st and find a better way to make sure that the cuts are implemented in a fashion than they're being discussed now. >> megyn: go ahead, marc. >> for the president common ground means giving in on tax increases. look, we already did the tax increases, 600,000 billion of tax increases with no spending cut. where is the balanced approach obama talks about? it's simple, here is the balance we're going to cut 85 billion dollars out of a 3.5 trillion dollar budget. that's a minuscule amount and we will spend more this year than last year, it's just a question of where and how to do it and to do it in a responsible way and look, the president hasn't put forward a plan, an alternative to the sequester how to enact those cuts. so if he won't do it, congress should give him the authority

to cut wherever he wants and he can make the decisions and take it out of defense. listen, that's on him. then it's his fault. they give him blanket authority to cut wherever he wants and he rejects that? it shows he doesn't want to cut. >> great job as always, good to see you both. thank you. >> megyn quick shout out to a great fan of yours i met down in florida this week, dale, one of your biggest fans. >> megyn: oh, hi, dale. thanks for watching, dale. thanks for you guys for being here as well. stunning new developments in the murder hearing, it's a bail hearing for olympian oscar pistorius, we told ayou about this. police pre place the lead investigator. and it's not often that as a prosecutor your investigator almost tanks it on the stand. and we'll talk about where the case is going next. breaking video of a young boy dangling from a ski lift.

he's desperately trying to hold on. how he got there right after this. reports that egypt, our old friend egift is blocking american investigators from talking to the terror ring leader connected to the murder of four americans in benghazi. the same egypt that we're going to give a billion and a half dollars in u.s. foreign aid to this year. and ambassador john bolton at the top of the hour. >> the united states condemns in the strongest terms this outrageous and shocking attack and make no mistake, we will work with the libyan government to bring to justice the killers who attacked our people.

>> back now to the major developments in the oscar pistorius bail hearing and the murder charges against him. it's facing now serious challenges making it appear more and more likely the man they called the blade runner could get out on bond as he awaits trial in connection

with the shooting death of his girlfriend which has been charged as pre-meditated murder. get out on bond? they didn't think it was possible 48 hours ago. among the latest twists the lead investigator has been moved from the case. and say hello to mr. botta. after new surfaced that he's facing not one, not two, not three, not four, not five, not six... seven attempted murder charges in connection with a 2011 shooting. oh, boy. is the case against oscar pistorius falling apart? pat brosnon is a former nypd detective and a risk consultant. this has been your profession to go in and investigate the case and take the witness stand and testify on behalf of the prosecution. can you think of one that has been worse than one that mr. botta has done in south africa. >> it continues to get worse.

inconsistency and contradicting statements. all kinds of projections, making one fact based, ranging from the steroids that may or may not have been-- and he says there were steroids in the apartment. and defense said that's not steroids it's an herbal remedy. >> correct. >> later on a release and mr. botta says i don't know if they're steroids or not. we have to do test. >> and your witnesses a block away, four blocks away a lot mess as referenced earlier. the icing on the cake p perceptively when we think of the juror. >> megyn: it's going to be a judge. >> and he has counts of murder hanging over his head and a nightmare to be squared away. >> megyn: the prosecution, really, this is unfair to them that the police placed in charge of this investigation someone who is so compromised.

i mean, we talked about with dr. baden on the set yesterday talking about this case and even then, without knowing that this guy had any attempted murder charges in his past or in his future, i said, i don't understand what's going on with this detective. he's terrible and the thing about the steroids and admits on the stand that there's nothing in the crime scene that is inconsistent with the defense's theory. >> unbelievable. >> megyn: which i'm sitting here in this anchor desk and can name five things off the top of my head. my question, was this guy compromised because he's a potential criminal defendant as he's doing this investigation? >> absolutely. the fact that he let so-called supporters, supporters of oscar remove evidence that would establish a crime in that country. unlicensed and they removed it from the scene and take that away. >> not the police. >> no, some unnamed supporters, maybe friends of the family and removed evidence from the scene. this guy, oscar is a national hero and it's an uphill battle

no matter what, in the court of public opinion he's held up high. >> and he really is a bumbly guy, inconsistent, contradictory doesn't have those squared away and the fact he had the background. that's why they have 10%. >> megyn: 10% conviction rate. and the km yesterday was not helpful for the prosecution and not necessary going out on limbs he didn't need to go out on. and making conclusions he didn't need to draw. is there a chance this guy is intentionally trying to throw the case. maybe someone he feels is wrongly accused of murder. >> if that were his intention he's doing a damn good job at it you could read into that easily. he's gone so far out and offered so much that wasn't asked for and so much that was wrong. i mean, he's tainting it from

the beginning. >> how much damage could a guy like you do, if you wanted to tank a case? >> very, very significant. no doubt. this is the first one out of the gate. you know, but what's going to hinge on this, the factor whether or not he put on the prosthetics and that's going to come out in forensic analysis of the trajectory. that's the big lie. the big lie starts it off, he shot down or lateral. if he shot lateral or shot down-- >> he was lying. >> and stopped and got dressed. >> megyn: hopefully we'll learn more. thank you so much. >> we will, my pleasure. >> megyn: and new video about a hearing you may not have heard about. ripping on an official about obamacare, the very provisions they voted for. why is this happening and what does it mean next.

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>> columbia university under fire after one of the professors put on a bizarre performance in a class yesterday. stripping off his clothing showing footage of 9/11. more from fox affiliate wnyw. >> visiting professor hughes teaching an introductory science class strips down to his shorts. professor hughes does this before a back drop of the 9/11 attack, not adolf hitler and saddam hussein and assistant blind folded and has an hour for quantum, particles. brain draining equations. >> in order to learn quantum mechanics, you have to strip to your raw, erase all garbage

from your brain and start over again. >> and students at columbia we spoke to seemed to welcome the professor's approach. >> i think it's a good thing. i think a lot of times, students get caught up in the everyday and i don't know, sometimes we're jaded about being here at the university. >> all i think it could be up, it's a good idea. yeah, it's always a good id idea-- it's very weird. >> even a student who thought it was strange said after seeing the video. >> i liked it. >> we couldn't reach professor hughes, a spokesman said that the university should have a climate of academic freedom although stick to the subject matter. administrators are currently reviewing the facts of this particular presentation in quantum mechanics. >> megyn: our thanks for that report and seems a little bit of a stretch, no, to try to tall that altogether, strip down. this guy just an exhibitionist? don't even bother sending me a text, who cares?

who cares? sort of interesting stunt for him to pull, but let's move on. coming up an american ceo makes major international headlines after teeing off on the country of france and its labor unions. lou dobbs joins us next on the message for american workers here. plus, a well-known local tv anchor here in new york finds himself the big story and police accuse him of choking and threatening to kill his wife and her family claims it's been a long, long pattern of this. he denies it. kelly's court takes up the saga of the news man and how he's handling his new found mot notoriety and egypt is blocking us from talking to a suspect to may be linked to the four deaths. the same egypt we give a billion in support every year. ambassador bolten is next and has some thoughts on that.

>> fox news arert lert--

alert in the investigation into the deaths of four americans in benghazi. and. and brand new hour of "america live," i'm megyn kelly. we're getting word one of the main suspects is now in custody held in egypt, but egyptian authorities are refusing to give u.s. investigators access to question this man. again, remember, four americans were murdered in the attack on our consulate in benghazi, libya last year, including our own ambassador and we support egypt with more than a billion dollars in foreign aid every year. now, the man held we're told is a senior member of an al-qaeda linked terrorist group in egypt and is suspected of establishing camps where the terrorists trained for the assault. chief intelligence correspondent catherine herridge joins us from washington with a report, katherine? >> fox news has learned that have been denied access to the

suspect. direct access means that u.s. interrogators have not been able to sit in the same room as the suspect and ask their own questions. ahmad, known as mohammed jamal is connected to the current leadership of al-qaeda and that relationship goes back to the '90s. experts to track say that abu ahmed is a player. >> he established training camps in libya and drawing from north africa, egypt and train them in terms of how to operate in mortars and heavy artillery. and it's that type of artillery used in the attack on benghazi. >> ahmed is not expected to directly take part in an attack that left four americans including ambassador chris stevens dead. this is the second time that u.s. interrogators have been denied access to a suspect held by a foreign government and it took lindsey graham for the fbi to get access to al

harzi suspected in taking part in the attack. the cia pressed on this issue during the recent confirmation hearings. >> well, we have someone who is a suspect in the potential attack-- in the attack on benghazi, they didn't give us access to him and we don't have any information from him. >> we work with our partners across the boarden when they're able to detain individuals, we work to see if they have the able to ask them questions sometimes indirectly and sometimes directly. >> and the access issues, an official who spoke on the condition of anonymity said egyptian authorities have been providing the u.s. with some useful information about their own investigation of abu ahmed. again, one would argue or critics would argue there is no substitute to having your own people inside at that room asking the questions that matter most to the u.s., megyn. >> cat catherine, thanks so much. given that egypt is getting

financial and military aid from us this year, what are we getting in return? why are we putting up with this? coming up in moments, ambassador john bolton is here to respond to that. we're tracking a developing story in washington right now where a group of republican senators furious about the possible sale of another taxpayer backed green energy company to the chinese. fisker automotive, taxpayers loaned the company roughly 530 billion dollars and fisker struggle and china is moving to buy a majority take and lawmakers are voicing concerned, technology paid for by american money is sold off to boost china's economy. well, an american ceo meantime is causing a controversy overseas making major headlines when he blasted the french work ethic.

really? specifically, union workers in france, imagine that. while explaining why he would not buy the ailing good year plant in france. maurice taylor, ceo of the tire maker titan international, writing a straight talking letter to the french foreign minister in part quoting i have visited the factory, but get paid three hours, one hour for breaks and lunch and talk for free and work for three. and i told this to the french union workers to their faces and they told me, that's the french way. and he goes on to write, sir, your letter states that you want to start a discussion, how stupid do you think we are? right. what's the take away on this one? and lou dobbs is here from the lou dobbs show on the fox business network, and saying i think i'll pass on buying this french company i'm not so impressed by the french work

ethic. >> there's a back story to this. maurice taylor went into france looking at this very plant last year and they were wanting to do a deal. they were seeking the opportunity at least facilitate a deal. the union for that plant, it's not only, well, union, they are communist. >> megyn: french union. >> communist workers and big time anti-well, anti-american. >> megyn: anti-work? >> and they-- >> according to what he said. i would never suggest said. >> megyn: that's what he said. >> and french have michelin. >> megyn: very successful company. >> very successful four of them at least on my car. but the fact is, this guy taylor has got it right. i mean, he is talking to a communist union in the european union in france, and you know, guess what? the french still may be a little smarter than we're giving credit for because

their unionization rate is down to 7.6%. >> megyn: wow. >> ours is sitting at 11.3. so, it's not quite the, you know, it's not quite as simple as it first looks. they're not, as taylor asked how stupid do they think we are? they're going to try, but they may be smarter than us when it comes to union participation. >> megyn: he says, i don't care, you can take your three hours a day of working and do you know what with it. i'm going to buy a chinese or an indian manufacturer and then i'm going to flood the french market with the tires i made over there, which will be cheaper and now in response the french minister says, you are an extremist and that was insulting and i love this part. the french help to america during the revolutionary war, to point out our deep ties and the tedeep respect for the second world war, you're going back to the 1940's and earlier to make the point we should do business with each other. not a great bargaining

position. >> the 1940's, we should leave that out of the-- >> and we kind of-- >> it's great and touching and historical sentiment the american and french, given the participation and leadership and support of the french financially for the revolution is all great, but the fact is that-- to call out the president of france, he wants it raise taxes by 75%. >> megyn: to 75%. >> and he wants-- to 75%. the reality is that they're tacking off from th backing off from that. this is a socialist government. france is a screwed up mess that will emerge from our screwed up mess if we're not very careful. and tremendous issues, but they are actually trying to get a hold of a few things, like really trying to break the backs of some of those unions.

>> megyn: do you think that this will change? do you think there's any likelihood now with the french people. we were just over in france, incredible and people were great. but there's consternation among the folks there not talking rich people, cab drivers, that sort of thing, but consternation what's happening in their country. 75%. >> 75% tax, 11% unemployment rate and communist unions driving out business partners they could have had a plant up and running in partnership with titan and whoever else would have participated. the french have an own saying, an about going to france, you haven't lived until you've gone to paris and been insulted by a head waiter there. but i love the french. and you know-- >> they don't love you, not after this. >> well, now what?

i don't -- i seek nothing in return for my generous-- >> and a lot of the french people we talked to were just as concerned about the future of their country as, you know, you sound here today. it's not necessarily just a mass of people who want to see everybody taxed at 75% who makes it it in france and unio workers working three hours a day and getting paid for it. >> and for a strong economy and everywhere around the world. they do not like this one-world sort of homogenized outlook where everything is to the lowest common denominator, whether it be the new world order or whether it be their own national government. you can see that resistance building in this country. >> yeah, well, i agree with the statement about paris and i'll tell you, we walked and walked and walked and i said to my husband, must have walked ten miles a day and that would be so good for my

fitness, if only i hadn't consumed 5,000 calories a day. a trade off of being in paris, it was worth it. >> my wife has never complained about paris. i still prefer rome. >> megyn: amen to that. arrivederci, lou dobbs, you betcha, adios. >> megyn: and adios on the forbe network every night. 7 p.m. a new york city tv anchor finds him the top story on the evening news, basically choking and threatening to kill his wife. and how he's handling a new-found notoriety. an and a gunman in a deadly shooting on the vegas strip. three are dead. and several democrats go after an administration official about problems they feel exist with the health care law.

they want questions answered about how it this happened and how that happened and why hasn't anybody thought about it or addressed it. the very same lawmakers who voted for this law to begin with. now, that the fog of controversy has cleared, we'll show you exactly why they're so unhappy. >> we have to pass the bill so that you can find out what is in it. away from the fog of the controversy. hey! did you know that honey nut cheerios has oats that can help lower cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy.

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>> a grim discovery in a los angeles hotel and we have to warn you. this story is disturbing. the body of missing canadian tourist alicea lamb has been found inside the rooftop water tank. a maintenance worker discovered her body after guests complained about low water pressure. it turns out the least of the problems. tourists at the hotel, bathed,

brushed their teeth and drank water from the tank in which the woman's body was decomposing for weeks. one tourist stated quote, we thought the water was tastied funny and they're evaluating for any health risks. the woman disappeared last seen in this hotel several video right here, showing her acting strangely inside of an elevator, pushing buttons, sticking her head in and out of the doors and what appears to be hiding in one corner. police are working to determine whether her death was the result of foul play or an accident and figure out how she wound up where she wound up. an autopsy is scheduled for today. today. >> back now to our top story this hour. we are getting reports today one of the main suspects in connection with the 9/11 consulate attack in benghazi is now in custody. that's good news. he's being held in egypt.

that's good news. they're an ally. not so fast, turns out the egyptian authorities are reducing to give the united states investigators access to question him. and remember, four americans were murdered in this attack in libya last year, including our own ambassador and we support egypt with more than a billion in foreign aid each year. and ambassador john bolton is a former ambassador to the united nations and a fox news contributor. a lot of people ask the question when we get in these situations. it's supposed to be our friend. why can't we just call them up and say let us explain to you how this is going to work. we're going to question the suspect. four americans are dead. so, you just tell us what date we need to show up, because that's the only outcome that's going to happen here if you want your billion dollars? >> that's exactly what should happen and egypt should have made this person available to us long ago. we've known he's been in custody. and it's a-- it's a solid piece of evidence of our continuing difficulty with the morsi government. i do think that it's a mistake

to say because of this particular outrageous behavior, which is only one of several they've done in recent weeks and months, that we cut off aid. the aid was-- had begun to be provided after the camp david accord of 1979. it's a form of pavement to egypt for the camp david accord as we've given aid to israel over the same period. and so it's something that americans shouldn't be troublbe-- should be troubled by, but not to cut the aid off. this was the price of the camp david accord, the price of ebeginnings peace with israel. now, one could say 30 years later, shouldn't there have been a termination date or something on this. and i think the answer to that is yes. as the situation we have now, the military aid in particular, is the best leverage we have to keep the military on our side and to put pressure on the morsi government. >> megyn: forget the aid then. if we don't want to make the aid the stakes it which we're playing. how would we go to a supposed

ali, president obama casted doubt on that earlier last year, but a supposed ally and say, what are you doing? four americans would be bad enough, but we're talking about the u.s. ambassador, who was murdered, i mean, assassinated and they've got a guy who apparently was running the training camps where the guys who committed the deed were training. >> what i would do, based on this refusal to let us have access to this individual ap other things that morsi has done the past several months, anti-semetic remarks, attacks on israel and domestic policies, i would suspend aid to the egyptian military. i think that would achieve two objectives, it would tell morsi he's right at the end of his rope in terms of our patience and tell the egyptian military, you've got to get this fella under control. but i don't think we should cut off the aid and allow morsi to say, i'm abrogating the camp david peace accord with israel and i'm doing my part and the americans broke it first. that's what we want to avoid. >> isn't there some division

between morsi and the military? >> absolutely. that's the line we're playing here, we're playing for influence inside the egyptian government and you know, we have given billions to the egyptian military over the years and they should be more sympathetic to our point of view and that's why i think suspension, threatening the possibility that this relationship is in jeopardy should persuade the military to go to morsi and the muslim brotherhood and say you can't continue this any longer. >> what's going on? why aren't they giving us access? >> well, i think that part of the problem is, the stories that this individual might te away in the tragedy of benghazi in 9/11. and there may be political internal difficulties within the muslim brotherhood which is not a moderate organization which has spawned terrorism around the region and this person may have contacts with the brotherhood they don't want revealed. >> we've come up empty on so many-- >> five months later. five months after the 9/11 attack, we've basically done nothing and that weakness is a

signal to other terrorists around the middle east, that you can kill an american ambassador and other official americans, and effectively get away with it. that's the worst possible signal to send. >> remember the one guy who had, he had all of this information about the attack and the new york times found him sipping a strawberry frappe in a cafe and now he's gone. and he usually tells the news, but he's making news for allegedly threatening and choking his wife. he denies it and says she's making it up. kelly's court. look at the boy dangling from a ski lift. wait until you see what happens right after this. next. when you have diabetes...

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>> and now caught on tape

warning to every skier out there. a big vacation week, listen up, lower the safety bar and don't screw around on the ski lift! look at this, a 17-year-old ended up dangling from the lift after leaving the safety bar up and slipping off the seat. he held on for a while and wound up falling about 45 feet on to the snowy rough terrain below reportedly suffering a concussion and a skull fracture, a collapsed lung and lacerated river. it happened at a ski resort in new mexico ap told he's recovering all right. they believe the teen was attempting a throw a snowball where the friends were sitening front of him. again, lower the bar and when i'm up on the ski lift with a stranger, and they don't want to lower the bar, i take over the bar goes down and listen, don't mess with me. and really, i don't talk, i

just reach up, pull it down and they rarely complain. all right. well, we also have an extreme weather alert for you, and a monster storm spanning 20 streets in the midwest. it dumped more than a foot of snow causing white outconditions and making some road travel hazardous. in kansas, more than 90 miles of interstate 70 now shut down because of the winter storm and the state department of transportation is urging folks to stay home. and clauda cowan is live in kansas city, missouri with more, claudia. >> reporter: megyn, the storm has brought downtown kansas city to a stand system. already, we've had between 8 and 10 inches since it started snowing early this morning and while the plaza behind me looks like a winter wonderland. the roads are an icy mess and we've had so many reports of spin-outs and accidents as the snow continues to fall mehere at a rate of two inches an hour and all over, shovelling out.

sidewalks and plowing the streets and trying not to slip in the freezing slush and what the national weather service calls thunder snow. instead of rain, it's pouring snow. it wasn't happen often, but most bizes are closed and a snow day for students and a day off for lawmakers in kansas and missouri and up to a foot of snow expected before it's over. the governor of missouri has declared a state of emergency and residents are being asked to stay off the roads. >> travel is important, but your life is more important. you can ride a day later and deal with it because just to put yourself at risk if you're out there driving, put the responders at risk, our times to respond to you are probably increased four-fold. >> white-out conditions prompted the closure of the kansas city airport when snow removal crews trying to plow those runways couldn't see each other in the blinding snow he.

not a good day for flying, not a good day for driving. megyn, maybe for sledding. back to you. >> good idea, clauda, thank you. >> where is the storm system headed now? rick reichmuth with more. >> hey, guys, he yes, there for another six to out hours and then off to the north and these are some of the totals around, parts of kansas, 8 1/2 at cambridge, nebraska and we have to look at this. and that's the drought. neb neb and kansas acand-- at nebraska and kansas, if we don't get snow in the winter the drought and next growing system will be tough. on the road today and maybe back up tomorrow, this is just nothing, but a great news story to get all the snow there. and kansas city thinned out a little bit, but continue later on and fill that back in as the back end frt storm fills in. right here where you see that,

that's the dangerous stuff, that's the icing and we've seen that a half inch thick on something and cause the power lines to go down. if it's ice, you can't drive on. if it's snow you can maybe get by with, with the right kind of a car and ice, nobody can get out on that and that's why this is so dangerous, a big area, obviously, seeing all of these winter weather advisories and ice warnings across the parts of the areas down towards arkansas. here is what happens the next hours with this. you see this winds down this evening in towards kansas and then it moves in towards iowa and we see a little bit of snow across places like chicago and milwaukee and green bay, but it will be a weaker storm once it gets to that point. the other thing we're doing, anytime you have these kinds of storms this season and you've got the cold air to the north and warmth to the south and a threat for severe weather and that will be the last line. very windy conditions and a threat for tornados tonight, all the way through parts of southern louisiana, megyn. and tornados, we're not talking huge long-lived

tornados, but you've got the damage. >> sure can. rick, thank you. well, coming up a senate hearing raising eyebrows after suspects go after administration-- the same lawmakers who voted for the law to begin with. and three minutes we'll show you what has them so upset. >> so, we're going to have millions of spouses and dependents in a kind of regulatory no man's land. ( bell rings ) they remind me so much of my grandkids.

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>> well, the possible good news for the struggling housing market today. national association of realtors saying sales of previously owned home rose in january to the second highest level. up .4% from the month before. saying that purchases would be higher if more homes were available. and the supply of homes for sale dropping to a nearly eight-year low. that's sometimes a good indicator of the healthy market and folks holding on to their homes they're not where they used to be. a lot of folks are still underwater on their mortgages. well, we're seeing a dramatic about-face, apparently from some top democrats today who not only voted for president obama's health care overhaul, but some of the vocal supporters like bill nelson and ron weeden. and chairman max baucus and

others democrats tore into the head of the government group overseeing the i mplementation of obamacare. and these are democrats questioning the senior on obamacare. >> mr. chairman, we have this kind of implementation we're not going to fulfill the goal what we said when we laboriously put together. >> and the affordable is based on the cost of the workers individual coverage not the cost of family coverage, so we're going to have millions of spouses and dependents in a kind of regulatory no-man's land. >> are you artificially raising the cost to all taxpayers by trying to lure people on to the exchange as opposed to giving them this option that is mandated by federal law implemented in 2014? >> no. >> you're sure of that? >> yes. >> so if this committee asked

for the specific details, they could get details? >> we'll be happy to work with you to get the details, yes, senator. >> now, we don't expect you to understand the specifics of that. it's confusing, the point is you can see they're the not happy. >> and joining us now tara dowdell served as an aid to former new jersey governor james mcgreedy, and dr. marc siegel a member of the medical a-team. i studied it as a news anchor, that confused me. they were deep in the weeds. and what i'm getting at it's democrat on democrat blood. folks saying i don't like the way it's implemented. there are rate hikes and some people are charging more unnecessarily and charging a different way and there's a problem. and it reminds me, i can't help, but go there, of this famous nancy pelosi moment. >> we have to pass the bill so that you can find out what is in it away from the fog of the

controver controversy. >> megyn: mary? >> it's kind of fun to watch them eat their young though, isn't it? i don't know. i don't think that anybody is thinking it's fun. >> it's fun as an outsider watching all the things that republicans said were going to happen start to unfold. and the look, to watch them learn and to watch them look with absolute shock on their faces. this is a group of people that voted for, as nancy said, bill they didn't know what was in it. nobody read it. they don't know how to implement it and how much it's going to cost. the fact they're surprised by it. how can you be surprised? we know there's a shortage of doctors, they made the announcement they're cutting funding to medicare advantage. there's a loophole or a glitch that nobody knew about in keeping low cost families from getting health care and universal announced they're not providing health care for part-time workers and everyone saw this coming exempt the people who voted for it.

>> and on top of that, we had reporters last week, and have decided not to participate in these exchanges and those would be like the expedia.com, and i've been referring to them, online and setup, this is how old i am, my medical history, which plan should i get? which government subsidized plan should i get? and the states are supposed to do it individually and half didn't and didn't budget adequately and we talked about rate hikes going up and the bridge program supposed to insure people for preexisting conditions, they're out of money a year before they expected to be out of money. and so many problems that we just day-to-day with this. is this thing coming off the rails? >> megyn, first of all, i like expedia.com, the only way i travel. if os are set up that way that's a great thing. >> megyn: we should enlist them in helping. >> expedia is great. what i was saying there's going to be problems with any implementation of any law and

i've never seen a law passed, and i worked for congress and the man who put this law. what i find ironic about the criticism, not about the law itself and provisions, but certain parts of it are being delayed and they want it done. their criticism is to expand coverage so that person middle families get more subsidies from the government and that's the nature of what they were criticizing in the law. if you look at the law there are positive things that come out. >> just 5 million young people now have insurance that didn't have insurance before. gallup did a poll and allows people to stay on parents' coverage until a certain age and more young people are covered. >> megyn: there's no question that the people who are not insured are going to get insurance because of obamacare better than than before. but the question is whether the people who had insurance prior to obamacare are going

to be better off. dr. siegel. >> all due respect to tara, a lot of us are concerned about the premiums. at the exchanges we're talking insurance comprehensive that covers a lot of services insurance didn't coverage. the glitch, because the premiums are so high, people forced off their employer policies are going to come to the exchanges and maybe not be able to afford the policies there and not have the federal backing they need. >> megyn: they're going to be subsidized by the federal government, but the question, will they still be exorbitantly expensive. prohibitively? >> they may not qualify for a subsidy and they may not qualify and the people come to the exchanges and qualify. i think it's ironic and point out how ironic it is, max baucus of all people, the senate version of the obamacare was essentially called the baucus bill.

he was patterning off massachusetts and the computers are not matching the archaic computers of the irs. how about figuring that out in advance. you go to these virtual universe and try to order a policy and it doesn't match with what the rest of the federal government is. that sounds like the postal service. >> because the expedia.com version of the exchanges, we're like, okay, i'm this age and blah blah. they're supposed to be linked up to social security and government agencies and this guy, the main backer is saying, they're archaic. how are you going to do it? why didn't we think of that in 2010. >> the cb. released a report that the subsidies to the exchanges are approximately 29% than they originally thought. that's as of right now. so, imagine what they're going to be a year from now. and where is the money coming from? >> there is a question whether some of these dems are trying to put distance between themselves and the law because

a lot of these guys are up for reelection in 2014 and you know, now we're really going to start to see where the metal meets the road and that-- >> the rubber. >> megyn: the rubber meets the road. pedal to the metal and rubber meets the road and 2014, the exchanges and these guys are facing reelection and a question whether this see a problem coming and say, i raised issues about this and tried to get it fixed. >> well, i have a different take. everyone makes fun of nancy pelosi for saying he we want to see what's in the bill outside of the controversy. >> megyn: we have to pass the bill. >> and everybody makes fun of her for saying it, but the point is, what's wrong with an administration saying we're going to make sure that once we pass the law that we go back and the if things are wrong correcting it. we should want our government to correct errors. >> megyn: is that what she is saying? you're very charitable. >> 100% what she's saying and i think there's nothing wrong with the government that's responsive and people who say we have an issue with this part of the law, my gosh they're willing to reconsider and you're pouncing on that.

would you remember have them push the laws through and not make the changes. >> megyn: read it before they push it through. >> and congress read it-- >> he's the one, he's the one. >> and i think the real problem here is that it's health insurance itself is archaic, it doesn't take in the right concepts. it takes hospitalization, outpatient and now going to the office. what about in between, what real patients are experiencing. insurance and i'm going to report on this next week, insurance doesn't fit what actual patients are suffering, so premiums soar and then my parents complain i ain't getting the carry need anyway and we're expanding it. >> and getting certain information out there. this medical thing in the health care law reassigns how we actually do health care and these are things that people need to know about when you're seeing a nutritionist to help with eating habits and things looking to redefine how we deliver care and we said that insurance aren't working and why are we trying to do the same thing? >> and before we go, can we

have the nancy pelosi sound bite. let let's see if tarra is right. listen to it then. stand by. we have to pass the bill so you can find out what is in it away from the fog of the controversy. >> megyn: we report, you decide. (laughter) >> away from the fog she said. >> megyn: pass the bill. >> away from the fog of controversy was her last line. >> megyn: why would you pass it before you understood what was in it? in any event, great, thanks as always. coming up a local tv news anchor finds himself the top story of the evening news. police accuse him of choking and threatening to kill his wife. we've got the latest on rob morrison and how he's handling his new found notoriety next.

>> kelly's court is back in session. on the docket, a local tv news anchor becomes the story after

being accused of choking and threatening his wife. rob morrison resigning from his job in new york. his decision after he was charged with strangulation, threatening and disorderly conduct all of which he denies. a judge ordering him to stay at least 100 yards away from his wife, also a television personality ashley morrison, cbs money watch. and we want to show you a clip a cooking segment shows them on camera and who you should know have nothing to do with the couple's situation. >> rob and ashley are making a dish that they like to make at home in a loving embrace. >> oh, yes. >> the story behind this is the best part. >> yes. >> ashley's only cookbook. >> thank you for pointing that out again. >> all the recipes are southern, a can of cream of whatever. >> this dog ear is highlighted. >> yum, yum, i wrote.

>> it makes paula deen look like on a huge diet or something. >> megyn: and arthur aidala, and mark eiglarsh and attorney and former defense attorney as well. layout the prosecution's case? >> responded to the home after the mother-in-law called and when they get there they find her to be credible and believable in that she says that he strangled her. they-- in had an alcoholic rage and they see on her neck red marks consistent with what she described, hand marks. and in the ear shot of officers not he says i love you one bunny, i will kill you when i get out. >> and they claim a history of domestic abuse here, and that the police have been to the couple's connecticut home

before arrested in 2011 for disorderly conduct in an incident involving ashley. january 19th a police officer went there and responded to another domestic disturbance. arrested for allegedly assaulting her in 2009 in new york. a pattern here according to the cops. >> obviously, that's something that as a criminal defense attorney when you find out about your clients and leads you to question the credibility of your own clients. i will also say though, megyn, usually when i get involved in the case and get my client's mug shot. not the one bleeding. usually it's the other person who is bleeding. he's denying this and-- >> explain how he got the that bloody face. >> what he's saying is he got whopped in the face with the remote control after they watched a movie mystic pizza, i believe and grabbed her around the neck in self-defense and she's saying just the opposite that they had a fight after the movie and he grabbed her and she whacked him in the face in herself defense. it's a case of he said-she

said. to be as candid as they can, what troubled me more is today's cover of the new york post shows him having a drink in a very public place. >> oh, yes, yes. >> and apparently, multiple drinks and he had drinks on sunday after this, and monday after this. >> yes. >> and mark and i will both tell you if this is our client, you know, we're-- >> put the drink down. >> we're personally bringing him to some sort of rehabilitation. >> megyn: and he was said to be extremely intoxicated the night, calling the officer blank-bag and the cuffs tighter and saying to the cops according to the police i can't go home tonight because i will f-in' kill her. and in his defense, is is a unique one and we'll talk about it right after the break. stay with us.

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>> so mark, he is apartmentry getting ready to claim that she has been abusing him for years and saying he asked the reporter have you ever heard of a syndrome men being beaten by women. the seven incidents at the new york apartment before they moved to connecticut he's the one who called the police on one and she called six others, how does the state prove that he instigated this? >> well, actually, to be honest with you, yeah, that's possible. a woman can abuse a man. i've used it myself in defending certain people. it's rare, it's usually not the case and what he would still have to be able to show because the evidence is consistent with him putting his hand on her throat because the cops say evidence consistent with that is that he reasonably feared death or great bodily harm while she was doing something-- death or bodily harm, come on,

eiglarsh. >> and put his arms around her neck because of that reason. >> and death or bodily harm and-- >> you could put your arms around somebody's neck and squeeze because they threw the remote at you arthur, is that what you're saying? >> go ahead, arthur. she didn't just throw the remote control at him. he's clearly bleeding from the nose. he's clearly bleeding from the the lip. he's allowed to put his arms around her neck and squeeze and throw her off. >> megyn: he's 180 pounds and she's 115 pound. i will say this the police resay she refused to sign a statement against him and refused to have them take a picture of the marks on her neck. i'm not saying she necessarily is one despite the evidence, but they are too afraid to fuel had i follow through with the criminal complaint, mark. that's correct. or i'll make the argument for arthur maybe she realizes she

wrong and doesn't want to do anything. i don't see it. i see it more consistent with someone over and over again, arthur, the police have been to the house seven times. six time forced to call and the other thing, if i'm a prosecutor, i move to revoke his bail immediately. one of the promises he made to the court as a condition of release was-- >> did not have any-- >> last word, arthur. >> that bail at some point. look, megyn, the truth is that this is a couple this is not typical, thank god. and the length of this history one way or the other. somebody need today have interceded somewhere along the way. >> on that we can agree. >> agreed. >> and on both sides did. >> megyn: they need help. thank you, panel. we'll be right back.